Helping Families in Need Act (S.C. 2012, c. 27)
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Assented to 2012-12-14
R.S., c. L-2CANADA LABOUR CODE
7. The Act is amended by adding the following after section 207:
Marginal note:Notification to employer — interruption of parental leave
207.1 (1) An employee who intends to interrupt their parental leave under subsection 206.1(2.4) shall provide the employer with a notice in writing of the interruption before or as soon as possible after it begins.
Marginal note:Notification to employer — resumption of parental leave
(2) The employee shall provide the employer with a notice in writing of the day on which they resume their parental leave before or as soon as possible after that day.
Marginal note:Notification to employer — interruption for child’s hospitalization
207.2 (1) An employee who intends to interrupt their maternity or parental leave in order to return to work as a result of the hospitalization of his or her child shall provide the employer with a notice in writing of the interruption as soon as possible.
Marginal note:Employer’s decision
(2) The employer shall, within one week after receiving the notice, advise the employee in writing of the employer’s decision to accept or refuse the employee’s return to work.
Marginal note:Refusal
(3) If the employer refuses the interruption or does not advise the employee within the week referred to in subsection (2), the leave under section 206 or 206.1 is extended by the number of weeks during which the child is hospitalized. The aggregate amounts of leave referred to in subsection 206.1(3) and section 206.2 are extended by the same number of weeks.
Marginal note:Medical certificate
(4) The employer may, in writing and no later than 15 days after an employee’s return to work, require the employee to provide a certificate issued by a qualified medical practitioner, as defined in subsection 206.3(1), attesting to the child’s hospitalization.
Marginal note:End of interruption
(5) An employee who intends to return to their maternity or parental leave after an interruption shall, as soon as possible, advise the employer in writing of the date on which the maternity or parental leave is to resume.
Marginal note:Limitation
(6) The extension referred to in subsection (3) applies only once in respect of the same child.
8. The Act is amended by adding the following after section 207.2:
Marginal note:Notice to employer of leave
207.3 (1) Every employee who takes a leave of absence from employment under section 206.4 or 206.5 shall, as soon as possible, provide the employer with a notice in writing of the reasons for the leave and the length of the leave that they intend to take.
Marginal note:Notice of change in length of leave
(2) Every employee who is on a leave of absence from employment under section 206.4 or 206.5 shall, as soon as possible, provide the employer with a notice in writing of any change in the length of the leave that they intend to take.
Marginal note:Leave of more than four weeks
(3) If the length of the leave is more than four weeks, the notice in writing of any change in the length of the leave shall be provided on at least four weeks’ notice, unless there is a valid reason why that cannot be done.
Marginal note:Documentation
(4) The employer may require the employee to provide documentation in support of the reasons for the leave and of any change in the length of leave that the employee intends to take.
Marginal note:Return to work postponed
(5) If an employee who takes a leave of more than four weeks wishes to shorten the length of the leave but does not provide the employer with four weeks’ notice, then the employer may postpone the employee’s return to work for a period of up to four weeks after the day on which the employee informs the employer of the new end date of the leave. If the employer informs the employee that their return to work is postponed, the employee is not entitled to return to work until the day that is indicated by the employer.
Marginal note:Deemed part of leave
(6) The period of the postponement is deemed to be part of the leave.
Marginal note:2003, c. 15, s. 28
9. Subsection 209.3(2) of the Act is replaced by the following:
Marginal note:Prohibition
(2) The prohibitions set out in subsection (1) also apply in respect of an employee who has taken a leave of absence under any of sections 206.3 to 206.5.
Marginal note:R.S., c. 9 (1st Supp.), s. 10
10. (1) The portion of section 209.4 of the French version of the Act before paragraph (a) is replaced by the following:
Marginal note:Règlements
209.4 Le gouverneur en conseil peut, par règlement :
Marginal note:1993, c. 42, s. 31
(2) Paragraph 209.4(a) of the Act is replaced by the following:
(a) specifying the absences from employment that are deemed not to have interrupted continuous employment referred to in sections 206, 206.1, 206.4 and 206.5;
Marginal note:R.S., c. 9 (1st Supp.), s. 10; 2003, c. 15, s. 29
(3) Paragraphs 209.4(a.1) to (c) of the French version of the Act are replaced by the following:
a.1) pour l’application de l’alinéa d) de la définition de membre de la famille au paragraphe 206.3(1), préciser les catégories de personnes;
b) pour l’application de l’article 208, préciser ce qui constitue, ou non, une fonction essentielle;
c) pour l’application du paragraphe 209.1(2), préciser ce qui ne constitue pas un motif valable pour ne pas réintégrer un employé dans son poste antérieur;
(4) Section 209.4 of the Act is amended by striking out “and” at the end of paragraph (b) and by adding the following after paragraph (c):
(d) enlarging the meaning of “critically ill child” in subsection 206.4(1) and prescribing other persons to be included in the meanings of “parent” and “specialist medical doctor” in that subsection;
(e) defining or determining what constitutes a same event in subsections 206.4(5) and (6);
(f) prescribing offences to be excluded from the definition of “crime” in subsection 206.5(1) and prescribing other persons to be included in the definition of “parent” in that subsection;
(g) prescribing periods of consecutive months of continuous employment that are shorter than six months for the purposes of subsections 206.4(2) and 206.5(2) and (3);
(h) prescribing cases, other than those set out in subsection 206.5(4), in which an employee is not entitled to a leave of absence and cases in which an employee is entitled to a leave of absence even if they are charged with the crime;
(i) prescribing documentation that the employer may require under subsection 207.3(4);
(j) specifying the circumstances in which a leave under this Division may be interrupted; and
(k) extending the period within which a leave under this Division may be taken.
Marginal note:1993, c. 42, s. 32(1)
11. Paragraph 239(1)(b) of the Act is replaced by the following:
(b) the period of absence does not exceed 17 weeks; and
Marginal note:2008, c. 15, s. 1
12. Section 247.9 of the Act is replaced by the following:
Marginal note:Annual vacation
247.9 Despite any term or condition of employment, an employee may postpone their annual vacation until after the day on which a leave of absence that is taken under this Division ends or the day on which a leave under section 206.1 ends, if that leave was interrupted by a leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g).
1996, c. 23EMPLOYMENT INSURANCE ACT
13. (1) Section 10 of the Employment Insurance Act is amended by adding the following after subsection (5.1):
Marginal note:Exception
(5.2) A claim for benefits referred to in section 23.2 with respect to a critically ill child or children who are critically ill as a result of the same event must not be regarded as having been made on an earlier day under subsection (4) or (5) if
(a) at the time the claim is made, all benefits that may otherwise have been payable in relation to that claim have already been exhausted;
(b) the beginning of the period referred to in subsection 23.2(3) or (4) has already been determined with respect to that child or those children and the claim would have the effect of moving the beginning of that period to an earlier date; or
(c) the claim is made in any other circumstances set out in the regulations.
Marginal note:2003, c. 15, s. 16(2); 2010, c. 9, s. 2(2)
(2) Subsections 10(13) to (15) of the Act are replaced by the following:
Marginal note:Extension of benefit period — special benefits
(13) If, during a claimant’s benefit period,
(a) regular benefits were not paid to the claimant,
(b) benefits were paid to the claimant for more than one of the reasons mentioned in paragraphs 12(3)(a) to (e) and at least one of those benefits was paid for fewer than the applicable maximum number of weeks established for those reasons, and
(c) the maximum total number of weeks established for those reasons is greater than 50,
the benefit period is extended so that those benefits may be paid up to that maximum total number of weeks.
Marginal note:Maximum extension under subsections (10) to (13)
(14) Subject to subsection (15), an extension under any of subsections (10) to (13) must not result in a benefit period of more than 104 weeks.
Marginal note:Maximum extension under subsection (13)
(15) Unless the benefit period is also extended under any of subsections (10) to (12.1), an extension under subsection (13) must not result in a benefit period of more than the sum of two weeks and the total of the maximum number of weeks established under subsection 12(3) for each of the benefits paid to the claimant for one of the reasons mentioned in paragraphs 12(3)(a) to (e) during the claimant’s benefit period before it was extended under subsection (13).
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